Council Report - MCU18 0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINES

               SPECIAL COMMITTEE MEETING REPORT                                                                    5 JUNE 2019


               Whilst the building generally maintains compliance with the 8.0 metre height requirement the
               height attributable to the roof lift shaft and lobby is 8.80 metres and results in the development
               being 3 storeys. A chimney associated with the kitchen extends to a height of approximately 9.80
               metres. Furthermore 44% of the length of the wall to the southern elevation exceeds the 8 metre
               height limit, with the maximum height being 8.80 metres. The current approved development
               includes a compliant building height of 8.0m relative to the finished and natural ground level and
               only comprises two storeys.
               The applicant maintains that the extent of the roof structure that extends beyond the 8m building
               height limit relates only to the lift overrun and lift lobby area. The protrusion beyond 8m has been
               reviewed in detail and every effort has been made to minimise the extent of this roof structure,
               noting that it is a minor component when considering the building as a whole. The only enclosed
               area…..is measured at 19 sqm which makes up 4% of the overall GFA or 8.4% of the building
               roof (footprint). This area comprises the lift overrun and lift lobby space only. As previously
               outlined in Item 3, there is no visual impact as the lift overrun is not visible from the ground. The
               lift is required to enable equitable access to all parts of the proposed building and is required for
               the safe operation of the lift.
               Whilst the applicant correctly assesses the amount of area which exceeds the 8 metre height
               limit this measurement does not accurately reflect the visual impact of the increased height’s bulk
               and scale. As previously stated when the development is viewed from the north or south 44% of
               this viewing plane will exceed 8.0 metres in height. Similarly, the extent of building height above
               8.0 metres when viewed from the east or west is equivalent to 40% of this viewing plane. The
               following image demonstrates the extent of the southern plane which exceeds 8.0 metres and
               how much higher the top of this wall is compared to the adjoining property.




                                    Figure 7: South elevation identifying aspect of the building above 8 metres


               The non-compliance with the 8.0 metre building height and 2 storey requirement results in a
               building scale and bulk that does not comply with the Specific and Overall Outcomes for the
               locality. The proposed built form is not consistent with structures on adjoining and surrounding
               land and will visually dominate the street, adjacent properties, surrounding spaces and the
               existing skyline.
               It is noted that the roof top deck is proposed to be used in conjunction with the entertainment and
               dining use and operate between the hours of 7.00am and 9.00pm, with the deck having the
               capacity to seat approximately 70 people. The current approval explicitly prohibits the use of the
               roof top deck associated with the Entertainment and Dining Business Type 1 and the Retail
               Business Type 2. It is noted that the application does not include any shade screening treatment
               to this area. It is unclear how a rooftop terrace could operate without the inclusion of sun and
               weather protection devices, such as umbrellas or shade sails, to protect guests from sun
               exposure. The screen to the perimeter of the roof top terrace is 1.55 metres above the floor level

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Document Set ID: 20864810
Version: 16, Version Date: 31/05/2019